EFF Gauteng provincial secretary Moshe Koma, may face criminal prosecution for alleged fraud after drawing his Member of Provincial Legislature (MPL) salary for several years without setting foot in the legislature.
The legislature, which hauled him to a disciplinary hearing and found him guilty, referred the matter to the National Director of Public Prosecution (NDPP) to consider criminal prosecution against him.
To add to Koma’s woes, he may have to pay back millions paid to him as salary over the past five years as a member of the provincial legislature.
Monies paid to Koma over the past five years are estimated to be in the region of R5-million.
The committee believes that he earned these monies fraudulently because he bunked work but continued to draw his salary.
Koma’s adverse findings are contained in a report the legislature adopted on Friday last week. It was recommended that Koma be referred to the NDPP for processing. “The committee further recommends that the matter be referred to the National Director of Public Prosecutions as provided for in terms of Section 12(6) of the Powers, Privileges, and Immunities Act.
“The committee concludes that the alleged non-attendance of the honourable Moshe Koma to Gauteng provincial legislature engagements is equivalent to fraud as his salary was paid accordingly, whereas he was not executing his functions as an appointed member of the legislature to represent the people of Gauteng. The honourable member was also allocated the tools of trade (cellphone and laptop) by the legislature for him to execute his work, enjoying all the use or enjoyment of any specified facility provided to members by parliament.
“The committee is of the view that honourable Koma has committed a crime and recommends that the GPL consider available options for recouping monies that have been paid to honourable Koma,” the report went on.
According to the damning report, Koma failed to attend 44 house sittings since 2019, for which he only offered an apology once. In the same period, the EFF leader only attended 18 meetings. In addition to not offering an apology for the 43 meetings, the committee discovered that Koma’s own party did not grant him leave.
This was in contravention of house rules, which stipulate that members must attend each attending meetings of the house and the relevant committees unless they are granted leave.
“The committee found that there is no evidence that honourable Koma applied for leave from his party in terms of Rule 32(1), which states that members must attend each meeting of the house and the relevant committees unless they are granted leave.”
Added the report: “We further found that out of 62 house sittings from October 29, 2019, until April 16, 2024, the honourable Koma attended 18 house sittings and submitted one apology. There is no evidence that the honourable Koma applied for leave from his party in terms of Rule 32(1), read with Rule 32(2). Honourable Koma was absent from the house sittings for less than 30 consecutive working days for the consecutive years since he became a member of the legislature.”
The report also stated that the committee noted that Koma did not attend any committee meetings where he was an alternate member. “There is no evidence that any main member of those committees from his party arranged for him as an alternate member to attend a meeting of the committee on their behalf in terms of Rule 32(7).”
